Hasil untuk "Islamic law"

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arXiv Open Access 2026
Security Is Not Enough: Privacy in Encryption Regulation and Lawful-Surveillance Protocols

Artur Pericles L. Monteiro

This article argues that security is not enough to fully capture what is at stake in government exceptional access to encrypted data. A conception of privacy as security has little to say about ``lawful-surveillance protocols'' -- an active research agenda in cryptography that aims to enable government exceptional access without compromising systemic security. But the limitations are not contingent on the success of this agenda. The normative landscape today cannot be explained if security is all there is to privacy. And fundamental objections to Apple's abandoned client-side scanning system gesture beyond security. This article's contribution is modest: to show that there must be more to privacy than the security mold it has taken. A richer understanding is needed both to assess policy and to guide research on lawful-surveillance protocols.

en cs.CR, cs.CY
arXiv Open Access 2025
CVPD at QIAS 2025 Shared Task: An Efficient Encoder-Based Approach for Islamic Inheritance Reasoning

Salah Eddine Bekhouche, Abdellah Zakaria Sellam, Hichem Telli et al.

Islamic inheritance law (Ilm al-Mawarith) requires precise identification of heirs and calculation of shares, which poses a challenge for AI. In this paper, we present a lightweight framework for solving multiple-choice inheritance questions using a specialised Arabic text encoder and Attentive Relevance Scoring (ARS). The system ranks answer options according to semantic relevance, and enables fast, on-device inference without generative reasoning. We evaluate Arabic encoders (MARBERT, ArabicBERT, AraBERT) and compare them with API-based LLMs (Gemini, DeepSeek) on the QIAS 2025 dataset. While large models achieve an accuracy of up to 87.6%, they require more resources and are context-dependent. Our MARBERT-based approach achieves 69.87% accuracy, presenting a compelling case for efficiency, on-device deployability, and privacy. While this is lower than the 87.6% achieved by the best-performing LLM, our work quantifies a critical trade-off between the peak performance of large models and the practical advantages of smaller, specialized systems in high-stakes domains.

en cs.CL, cs.LG
arXiv Open Access 2025
Price discrimination, algorithmic decision-making, and European non-discrimination law

Frederik Zuiderveen Borgesius

Our society can benefit immensely from algorithmic decision-making and similar types of artificial intelligence. But algorithmic decision-making can also have discriminatory effects. This paper examines that problem, using online price differentiation as an example of algorithmic decision-making. With online price differentiation, a company charges different people different prices for identical products, based on information the company has about those people. The main question in this paper is: to what extent can non-discrimination law protect people against online price differentiation? The paper shows that online price differentiation and algorithmic decision-making could lead to indirect discrimination, for instance harming people with a certain ethnicity. Indirect discrimination occurs when a practice is neutral at first glance, but ends up discriminating against people with a protected characteristic, such as ethnicity. In principle, non-discrimination law prohibits indirect discrimination. The paper also shows, however, that non-discrimination law has flaws when applied to algorithmic decision-making. For instance, algorithmic discrimination can remain hidden: people may not realise that they are being discriminated against. And many types of unfair - some might say discriminatory - algorithmic decisions are outside the scope of current non-discrimination law.

arXiv Open Access 2025
Adtech and Real-Time Bidding under European Data Protection Law

Michael Veale, Frederik Zuiderveen Borgesius

This article discusses the troubled relationship between contemporary advertising technology (adtech) systems, in particular systems of real-time bidding (RTB, also known as programmatic advertising) underpinning much behavioral targeting on the web and through mobile applications. This article analyzes the extent to which practices of RTB are compatible with the requirements regarding a legal basis for processing, transparency, and security in European data protection law. We first introduce the technologies at play through explaining and analyzing the systems deployed online today. Following that, we turn to the law. Rather than analyze RTB against every provision of the General Data Protection Regulation (GDPR), we consider RTB in the context of the GDPR's requirement of a legal basis for processing and the GDPR's transparency and security requirements. We show, first, that the GDPR requires prior consent of the internet user for RTB, as other legal bases are not appropriate. Second, we show that it is difficult - and perhaps impossible - for website publishers and RTB companies to meet the GDPR's transparency requirements. Third, RTB incentivizes insecure data processing. We conclude that, in concept and in practice, RTB is structurally difficult to reconcile with European data protection law. Therefore, intervention by regulators is necessary.

en cs.CY, cs.CR
arXiv Open Access 2025
Scaling Law for Quantization-Aware Training

Mengzhao Chen, Chaoyi Zhang, Jing Liu et al.

Large language models (LLMs) demand substantial computational and memory resources, creating deployment challenges. Quantization-aware training (QAT) addresses these challenges by reducing model precision while maintaining performance. However, the scaling behavior of QAT, especially at 4-bit precision (W4A4), is not well understood. Existing QAT scaling laws often ignore key factors such as the number of training tokens and quantization granularity, which limits their applicability. This paper proposes a unified scaling law for QAT that models quantization error as a function of model size, training data volume, and quantization group size. Through 268 QAT experiments, we show that quantization error decreases as model size increases, but rises with more training tokens and coarser quantization granularity. To identify the sources of W4A4 quantization error, we decompose it into weight and activation components. Both components follow the overall trend of W4A4 quantization error, but with different sensitivities. Specifically, weight quantization error increases more rapidly with more training tokens. Further analysis shows that the activation quantization error in the FC2 layer, caused by outliers, is the primary bottleneck of W4A4 QAT quantization error. By applying mixed-precision quantization to address this bottleneck, we demonstrate that weight and activation quantization errors can converge to similar levels. Additionally, with more training data, weight quantization error eventually exceeds activation quantization error, suggesting that reducing weight quantization error is also important in such scenarios. These findings offer key insights for improving QAT research and development.

en cs.LG, cs.CL
arXiv Open Access 2025
Parametric Scaling Law of Tuning Bias in Conformal Prediction

Hao Zeng, Kangdao Liu, Bingyi Jing et al.

Conformal prediction is a popular framework of uncertainty quantification that constructs prediction sets with coverage guarantees. To uphold the exchangeability assumption, many conformal prediction methods necessitate an additional holdout set for parameter tuning. Yet, the impact of violating this principle on coverage remains underexplored, making it ambiguous in practical applications. In this work, we empirically find that the tuning bias - the coverage gap introduced by leveraging the same dataset for tuning and calibration, is negligible for simple parameter tuning in many conformal prediction methods. In particular, we observe the scaling law of the tuning bias: this bias increases with parameter space complexity and decreases with calibration set size. Formally, we establish a theoretical framework to quantify the tuning bias and provide rigorous proof for the scaling law of the tuning bias by deriving its upper bound. In the end, we discuss how to reduce the tuning bias, guided by the theories we developed.

en cs.LG, math.ST
DOAJ Open Access 2025
Reassessing The Limits of Humanity in Executing Humanitarian Intervention within the RtoP Framework

Sasmini

Humanitarian Intervention (HI) is the third pillar of the Responsibility to Protect (RtoP) framework, which frequently invokes the concept of humanity as the fundamental source of legitimacy. However, the absence of clear criteria defining the limit of humanity has led to a double standard in the implementation. Therefore, this study aims to examine two main legal issues, namely the broader legal implications of the principle of humanity in the international legal system and the standard threshold to legitimize the intervention within the RtoP framework. A doctrinal legal method was used with regulatory, conceptual, and case approaches. In addition, interpretative methods were used for legal argumentation. The results showed that the concept of humanity has historically played a crucial role in shaping international law. The evolution of international humanitarian law (IHL) and international human rights law, particularly within the context of international criminal law, is closely related to the concept of humanity. According to this concept, intervention may be justified to prevent and stop humanitarian crises within a specific state to protect the victims. However, only actions that exceed the limits of humanity, including extraordinary acts of cruelty and crimes under universal jurisdiction, can serve as the basis for HI legitimacy. Moreover, the threshold for invoking HI must also include a determination that the state is unwilling or unable to prevent or stop the ongoing atrocities.

DOAJ Open Access 2025
Research on the legal aspects of chatbots; Analysis of Personality Rights, Civil responsibility, and Intellectual Property

Zahra Shakeri, Mohammad Matin Miladi qomi

Chatbots are a modern manifestation of artificial intelligence that are now placed for public interaction and conversation with individuals. They can engage in a two-way interaction with a user, responding to their questions and even offering suggestions. This system is based on the capabilities arising from the development of artificial intelligence and is continuously advancing. Among these, the legal issue concerns whether chatbots are responsible for what they respondand whether what they provide is their intellectual property. Essentially, can personalities be attributed to chatbots? The present article finally concludes, with the analytical-descriptive approach, that chatbots may potentially possess a degree of personality in the future, but in current circumstances, the effects and content provided by chatbots are attributed to their owners and creators. Although their development and the reinforcement of chatbots' autonomy can pose numerous challenges to classical legal theories.

Regulation of industry, trade, and commerce. Occupational law, Islamic law
S2 Open Access 2024
Integrating Islamic Laws into Indonesian Data Protection Laws: An Analysis of Regulatory Landscape and Ethical Considerations

Tegar Islami Putra, A. Islam, Abdul Rahman

This study explores the intersection of personal data protection laws in Indonesia with Islamic principles, focusing on the regulatory landscape and ethical considerations surrounding data privacy. With the proliferation of digital technologies and data-driven processes, safeguarding personal information has become paramount. Drawing from legal frameworks, Islamic jurisprudence, and contemporary discussions on data privacy, this research investigates how Islamic principles inform and complement existing data protection measures in Indonesia. The analysis begins by examining the legal foundation of personal data protection in Indonesia, emphasizing key provisions of relevant legislation and constitutional mandates. It then delves into Islamic principles related to privacy, confidentiality, and ethical conduct, as derived from primary Islamic sources such as the Quran, Hadiths, and scholarly interpretations. The study evaluates the alignment between personal data protection laws and Islamic ethics, identifying areas of convergence and potential divergence. It explores the implications of Islamic principles for data handling practices, consent requirements, and accountability mechanisms within the Indonesian context. Furthermore, the research discusses the practical implications of integrating Islamic principles into data protection frameworks, considering challenges, opportunities, and best practices for ensuring compliance and ethical data governance. By bridging legal and ethical perspectives, this study contributes to a deeper understanding of personal data protection in Indonesia and offers insights into the role of Islamic principles in shaping contemporary approaches to privacy and confidentiality in the digital age. It underscores the importance of holistic and culturally approaches to data governance that respect both legal requirements and ethical norms derived from Islamic teachings.

11 sitasi en
DOAJ Open Access 2024
Reconstruction of Moon Phases and Period in The Book of Enoch on Islamic Astronomy Perspective

Youla Afifah Azkarrula, Ahmad Syifaul Anam

Abstract: The Book of Enoch presents an explanation of Moon in a different way when compared to many ancient manuscripts. The periods of the Moon associated with the Moon phases are illustrated in a unique way that, in first glance, requires a deep understanding. This explanation is different with what science has explained nowadays. To begin with, the previous research of this subject on the Book of Enoch is out to dated. Therefore, this research conducts a new approach to examine the Book of Enoch using Islamic perspective where this study is rare to conduct. This study utilizes qualitative research with content analysis to gain the answer in depth. This research also uses triangulation method to investigate the data and obtain the validity of the results. Overall, the Moon phase in the Book of Enoch has the same understanding as the modern science. The Book of Enoch describes implicitly the appearance of Moon in the northern hemisphere. The explanation of Enoch lunar-day in each month is followed by the Urfi Islamic calendar. Then the statement about “once the month is 28-day” is based on the using of Callippic cycle in Charles opinion while in the author’s opinion that the Book of Enoch shows the sidereal month cycle. In addition, the theory which has been adopted by Islamic astronomy has a strong relationship with this manuscript since it is believed that this manuscript is attributed to Prophet Enoch or Idris. Abstrak: Kitab Henokh menyajikan penjelasan tentang Bulan dengan cara yang berbeda jika dibandingkan dengan banyak naskah kuno. Periode Bulan yang terkait dengan fase Bulan diilustrasikan dengan cara yang unik sehingga sekilas memerlukan pemahaman yang mendalam. Penjelasan ini berbeda dengan penjelasan ilmu pengetahuan saat ini. Pertama-tama, penelitian sebelumnya mengenai subjek Kitab Henokh ini sudah ketinggalan zaman. Oleh karena itu, penelitian ini melakukan pendekatan baru untuk mengkaji Kitab Henokh dengan menggunakan perspektif Islam dimana penelitian ini jarang dilakukan. Penelitian ini menggunakan penelitian kualitatif dengan analisis isi untuk memperoleh jawaban secara mendalam. Penelitian ini juga menggunakan metode triangulasi untuk menyelidiki data dan memperoleh keabsahan hasil. Secara keseluruhan, fase Bulan dalam Kitab Henokh mempunyai pemahaman yang sama dengan ilmu pengetahuan modern. Kitab Henokh menggambarkan secara implisit penampakan Bulan di belahan bumi utara. Penjelasan hari lunar Henokh di setiap bulannya diikuti dengan penanggalan Islam Urfi. Kemudian pernyataan “satu bulan ada 28 hari” didasarkan pada penggunaan siklus Callippic menurut pendapat Charles sedangkan menurut pendapat penulis Kitab Henokh menunjukkan siklus bulan sidereal. Selain itu, teori yang dianut oleh ilmu astronomi Islam mempunyai kaitan erat dengan naskah ini karena diyakini naskah ini milik Nabi Henokh atau Idris.

CrossRef Open Access 2024
The Development of Marital Rape in Islamic Family Law Reform

Arwa Syaima, Widiyanto Widiyanto, Nemer Alotaiby

Marriage is a sacred bond that governs the relationship between husband and wife based on love, affection, and mutual respect. However, in practice, domestic violence often occurs, one of which is sexual violence in the form of marital rape. (pemerkosaan dalam ikatan perkawinan). This research aims to examine the development of understanding of marital rape in the context of Islamic family law reform. This research uses a qualitative method with a normative juridical approach, utilizing data from literature, books, journals, and relevant articles. The research results show that changes in Islamic family law regarding marital rape through a moderate Islamic legal perspective, which is responsive to the times, can support the eradication of sexual violence within marriage. In addition, legal developments in Indonesia are now beginning to recognize marital rape as a criminal offense, providing stronger protection for victims. This research is expected to contribute to strengthening legal and social awareness regarding the importance of justice and protection for women in domestic life.

arXiv Open Access 2023
Bringing order into the realm of Transformer-based language models for artificial intelligence and law

Candida M. Greco, Andrea Tagarelli

Transformer-based language models (TLMs) have widely been recognized to be a cutting-edge technology for the successful development of deep-learning-based solutions to problems and applications that require natural language processing and understanding. Like for other textual domains, TLMs have indeed pushed the state-of-the-art of AI approaches for many tasks of interest in the legal domain. Despite the first Transformer model being proposed about six years ago, there has been a rapid progress of this technology at an unprecedented rate, whereby BERT and related models represent a major reference, also in the legal domain. This article provides the first systematic overview of TLM-based methods for AI-driven problems and tasks in the legal sphere. A major goal is to highlight research advances in this field so as to understand, on the one hand, how the Transformers have contributed to the success of AI in supporting legal processes, and on the other hand, what are the current limitations and opportunities for further research development.

en cs.CL, cs.AI
arXiv Open Access 2023
From Brussels Effect to Gravity Assists: Understanding the Evolution of the GDPR-Inspired Personal Information Protection Law in China

Wenlong Li, Jiahong Chen

This paper explores the evolution of China's Personal Information Protection Law (PIPL) and situates it within the context of global data protection development. It draws inspiration from the theory of 'Brussels Effect' and provides a critical account of its application in non-Western jurisdictions, taking China as a prime example. Our objective is not to provide a comparative commentary on China's legal development but to illuminate the intricate dynamics between the Chinese law and the EU's GDPR. We argue that the trajectory of China's Personal Information Protection Law calls into question the applicability of the Brussels Effect: while the GDPR's imprint on the PIPL is evident, a deeper analysis unveils China's nuanced, non-linear adoption that diverges from many assumptions of the Brussels Effect and similar theories. The evolution of the GDPR-inspired PIPL is not as a straightforward outcome of the Brussels Effect but as a nuanced, intricate interplay of external influence and domestic dynamics. We introduce a complementary theory of 'gravity assist', which portrays China's strategic instrumentalisation of the GDPR as a template to shape its unique data protection landscape. Our theoretical framework highlights how China navigates through a patchwork of internal considerations, international standards, and strategic choices, ultimately sculpting a data protection regime that has a similar appearance to the GDPR but aligns with its distinct political, cultural and legal landscape. With a detailed historical and policy analysis of the PIPL, coupled with reasonable speculations on its future avenues, our analysis presents a pragmatic, culturally congruent approach to legal development in China. It signals a trajectory that, while potentially converging at a principled level, is likely to diverge significantly in practice [...]

DOAJ Open Access 2023
Akuntan Publik: Kewenangan Menghitung Kerugian Keuangan Negara Tindak Pidana Korupsi

Hidayatullah Hidayatullah, Agus Triono, FX Sumarja

The rise of corruption in Indonesia has caused losses to state finances. There were 1,261 cases of corruption from 2004 to 3 January 2022, with state losses in 2021 reaching IDR 62.9 trillion and in 2020 with a total loss of IDR 56.7 trillion. Seeing this phenomenon, researchers conducted research on whether public accountants can calculate state financial losses using a theory of authority approach with a normative research methodology. The study results show that there are practically no laws and regulations which state that a Public Accountant has the authority to calculate State Financial Losses unless assigned by the BPK and the Attorney General's Office. The authority to audit state finances can be carried out by several state institutions such as the BPKP, KPK and BPKP, but the authority to calculate state finances based on laws and regulations is still the authority of the Indonesian Financial Audit Agency (BPK RI).

CrossRef Open Access 2023
Government System in Islamic Law in the Perspective of Fazlur Rahman

Anugrah Al-Basyir Lubis

Abstract:A nation-state that adheres to democracy is considered the best choice among the many options available, including countries with a majority Muslim population such as the Middle East. Muslim countries that used to be under the auspices of a system called the khilafah are now dividing themselves into small nations in the spirit of nationalism. Therefore, democracy is an option in the state system. The approach method used is a normative juridical approach. The type of this research is library research. In this case the researcher is dealing with texts or data that are directly usable and can be found in the library. The results of this research are in reading the present reality in the double movement asbabun nuzul macro is that the social context at the time this verse was revealed was where the people needed a sense of security and peace after the migration from Mecca to Medina. Therefore, the initial interpretation of the Prophet Muhammad about power at that time was to make a joint consensus contained in the Medina Charter, and this became the first constitution in the history of Islamic civilization as the basis for living in society, nation and state. Modern reality is essentially the same, in that the basic human need to feel safe and secure in an area of authority must continue to be fulfilled. At the same time, the shape and nature that are currently changing are not a fundamental issue because the moral ideals in the nation-state and democratic system are still dialoguing with Islamic values itself. Keywords: nation-state, democracy, double movement

CrossRef Open Access 2022
Genealogy and Reform of Islamic Family Law: Study of Islamic Marriage Law Products in Malaysia

Siti Aminah, Arif Sugitanata

As an Islamic country, Islamic family law reform in Malaysia is experiencing various dynamics. This article aims to examine the genealogy, reform, and products of Islamic family law in the field of marriage (munakahat) in Malaysia. The authors find that Malaysia’s Islamic law reform is divided into three periods using literature research. In the Malay period, Islamic values were generally embedded in the law in Malaysia. During the British colonial period, English law had dominated and was used as common law, which was absorbed in various legislation and jurisprudence in Malaysia. It was only after independence that efforts to reform and codify Islamic family law began, marked by the stipulation of the jurisdiction of the federal territorial government and the territorial government into thirteen states. The codification of family law began with establishing a committee to amend Islamic law and be guided by other Islamic countries. The authors find four areas of marriage that have been reformed in Malaysia, namely the age limit for marriage, marriage registration, polygamy, and divorce. Among the four areas of marriage law, the authors find slight differences in regulations on the technical and material grounds in each state in Malaysia.

3 sitasi en
DOAJ Open Access 2022
KEABSAHAN AKTA PERBANKAN SYARI’AH YANG DIBUAT NOTARIS NON MUSLIM PERSFEKTIF HUKUM ISLAM

Mutiara Azura Mulyawan, Gemala Dewi

Abstract: This study aims to describe the authority of a non-muslim notary in making a sharia banking deed and the validity of the deed if the notary who makes and reads the deed is a non-muslim. Through Jurisdical-normative approach, this research found that basically a notary, whether they are moslem or non-moslem, has an authority granted by the Act to make a deed, including sharia banking deed.  The most important thing, the notary is able to understand and apply all the principles of Islamic banking as part of sharia economic law. For this reason, Sharia Banking Deed made and read by a non-Muslim Notary remains valid as long as it is based on the Act of Notary. However, according to Islamic Law, regarding to al-Baqarah verse 282 and At-Talaq verse 2, the Sharia Banking Deed is invalid if the deed is drawn up and read by a non-Muslim Notary. Abstrak: Penelitian ini bertujuan untuk mendeskripsikan kewenangan Notaris non muslim dalam pembuatan akta perbankan syariah dan keabsahan akta yang dibuat dan dibacakan oleh Notaris non muslim. Pendekatan yuridis ormatif digunakan dalam penelitian ini. Hasil penelitian menunjukkan bahwa kewenangan yang diberikan oleh Undang-Undang kepada Notaris terhadap pembuatan akta membuat semua Notaris baik muslim ataupun non muslim dapat membuat akta perbankan syariah. Yang terpenting ia mampu mengerti dan memahami segala prinsip-prinsip dan asas-asas perbankan syariah yang memang tunduk pada hukum ekonomi syariah. Secara hukum positif, keabsahan dari suatu Akta Perbankan Syariah yang dibuat dan dibacakan oleh Notaris non muslim tetap sah selama berdasarkan UUJN. Namun, secara Hukum Islam Akta Perbankan Syariah tidak sah jika akta tersebut dibuat dan dibacakan oleh Notaris non muslim dengan merujuk pada al-Baqarah ayat 282 dan at-Talaq ayat 2.

DOAJ Open Access 2021
Taqiyyah as a Behavioral Method in Islamic Education: Comparison of Agreement and Disagreement Opinions

Esmat Ramezani Mashkani, Ahmad Bagheri, Siamak Baharluee

Taqiyyah means expressing or concealing one's belief and action against one's heart to avoid religious or worldly harm is one of the jurisprudential issues that has educational consequences. The purpose of this study is to investigate Taqiyyah as a behavioral method in Islamic education by applying the pros and cons from both jurisprudential and educational aspects. The method of the present study is a qualitatively comparative with an analytical-inferential approach. Researchers have used the library method to collect data, including the study of primary and secondary sources. To analyze the data, the qualitative analysis method was used based on data recording and categorization of the "subject" unit. Findings of research in the field of jurisprudence show that Shiite jurists were mainly in favor of Taqiyyah and Sunni scholars were against it. From the educational point of view, Taqiyyah means positive in the sense of self-control and tolerance with people whose beliefs are not in line with one's beliefs. The main similarity between the proponents and opponents of Taqiyyah is the recourse of both groups to the verses of the Qur'an and the behavior of the Prophet Mohammad and his companions through the presentation of different interpretations. Another finding of the research shows that according to the proponents, in many matters of life, it is not necessary to refer to Taqiyyah and it cannot be referred to as a permanent behavioral principle. According to the opponents of Taqiyyah, in the contemporary world and due to the new developments based on the prevalence of legal mechanisms in society, resorting to Taqiyyah is not necessary. The similarity between the two groups of proponents and opponents of Taqiyyah is the attention to positive developments such as civil rights and negative developments such as the increase of religious extremism to accept or reject Taqiyyah.

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